[Congressional Record Volume 167, Number 80 (Monday, May 10, 2021)]
[Senate]
[Pages S2414-S2421]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION
By Mr. SCHUMER (for himself and Mrs. Gillibrand):
S. 1529. A bill to establish safety standards for certain limousines,
and for other purposes; to the Committee on Commerce, Science, and
Transportation.
Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
[[Page S2415]]
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1529
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety, Accountability, and
Federal Enforcement of Limos Act of 2021'' or the ``SAFE
Limos Act''.
SEC. 2. LIMOUSINE COMPLIANCE WITH FEDERAL SAFETY STANDARDS.
(a) Limousine Standards.--
(1) Safety belt and seating system standards for
limousines.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall prescribe a final
rule--
(A) that amends Federal Motor Vehicle Safety Standard
Numbers 208, 209, and 210 to require to be installed in
limousines at each designated seating position, including on
side-facing seats--
(i) an occupant restraint system consisting of integrated
lap shoulder belts; or
(ii) an occupant restraint system consisting of a lap belt
if the occupant restraint system described in clause (i) does
not meet the need for motor vehicle safety; and
(B) that amends Federal Motor Vehicle Safety Standard
Number 207 to require limousines to meet standards for seats
(including side-facing seats), seat attachment assemblies,
and seat installation to minimize the possibility of their
failure by forces acting on them as a result of vehicle
impact.
(2) Report on retrofit assessment for limousines.--Not
later than 2 years after the date of the enactment of this
Act, the Secretary shall submit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report that assesses the feasibility, benefits, and
costs with respect to the application of any requirement
established under paragraph (1) to a limousine introduced
into interstate commerce before the date on which the
requirement takes effect.
(b) Safety Regulation of Limousines.--
(1) In general.--Section 30102(a)(6) of title 49, United
States Code, is amended--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(C) modifying a passenger motor vehicle (as such term is
defined in section 32101) that has already been purchased by
the first purchaser (as such term is defined in subsection
(b)) by increasing the wheelbase of the vehicle so that the
vehicle has increased seating capacity.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply beginning on the date that is 1 year after the
date of the enactment of this Act.
(c) Limousine Compliance With Federal Safety Standards.--
(1) In general.--Chapter 301 of title 49, United States
Code, is amended by inserting after section 30128 the
following:
``Sec. 30129. Limousine compliance with Federal safety
standards
``(a) Requirement.--Beginning on the date that is 1 year
after the date of the enactment of this section, a limousine
remodeler may not offer for sale, lease, or rent, introduce
or deliver for introduction into interstate commerce, or
import into the United States a new limousine unless the
limousine remodeler has submitted to the Secretary a vehicle
remodeler plan (or an updated vehicle remodeler plan required
by subsection (b), as applicable) that describes how the
remodeler is mitigating risks to motor vehicle safety posed
by the limousines of the remodeler. A vehicle remodeler plan
shall include the following:
``(1) Verification and validation of compliance with
applicable motor vehicle safety standards.
``(2) Design, quality control, manufacturing, and training
practices adopted by the limousine remodeler.
``(3) Customer support guidelines, including instructions
for limousine occupants to wear seatbelts and limousine
operators to notify occupants of the date and results of the
most recent inspection of the limousine.
``(b) Updates.--Each limousine remodeler shall submit an
updated vehicle remodeler plan to the Secretary each year.
``(c) Publicly Available.--The Secretary shall make any
vehicle remodeler plan submitted under subsection (a) or (b)
publicly available not later than 60 days after the date on
which the plan is received, except the Secretary may not make
publicly available any information relating to a trade secret
or other confidential business information (as such terms are
defined in section 512.3 of title 49, Code of Federal
Regulations (or any successor regulation)).
``(d) Review.--The Secretary may inspect any vehicle
remodeler plan submitted by a limousine remodeler under
subsection (a) or (b) to enable the Secretary to determine
whether the limousine remodeler has complied, or is
complying, with this chapter or a regulation prescribed or
order issued pursuant to this chapter.
``(e) Rule of Construction.--Nothing in this section may be
construed to affect discovery, a subpoena or other court
order, or any other judicial process otherwise allowed under
applicable Federal or State law.
``(f) Definitions.--In this section, the following
definitions apply:
``(1) Certified passenger motor vehicle.--The term
`certified passenger motor vehicle' means a passenger motor
vehicle that has been certified in accordance with section
30115 to meet all applicable motor vehicle safety standards.
``(2) Incomplete vehicle.--The term `incomplete vehicle'
has the meaning given such term in section 567.3 of title 49,
Code of Federal Regulations (or any successor regulation).
``(3) Limousine.--The term `limousine' means a motor
vehicle--
``(A) that has a seating capacity of 9 or more persons
(including the driver);
``(B) with a gross vehicle weight rating greater than
10,000 pounds but not greater than 26,000 pounds; and
``(C) that the Secretary has determined by regulation has
physical characteristics resembling--
``(i) a passenger car;
``(ii) a multipurpose passenger vehicle; or
``(iii) a truck with a gross vehicle weight rating of
10,000 pounds or less.
``(4) Limousine operator.--The term `limousine operator'
means a person who owns or leases, and uses, a limousine to
transport passengers for compensation.
``(5) Limousine remodeler.--The term `limousine remodeler'
means a person who alters or modifies by addition,
substitution, or removal of components (other than readily
attachable components) an incomplete vehicle, a vehicle
manufactured in two or more stages, or a certified passenger
motor vehicle before or after the first purchase of the
vehicle to manufacture a limousine.
``(6) Multipurpose passenger vehicle.--The term
`multipurpose passenger vehicle' has the meaning given such
term in section 571.3 of title 49, Code of Federal
Regulations (or any successor regulation).
``(7) Passenger car.--The term `passenger car' has the
meaning given such term in section 571.3 of title 49, Code of
Federal Regulations (or any successor regulation).
``(8) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given such term in section 32101.
``(9) Truck.--The term `truck' has the meaning given such
term in section 571.3 of title 49, Code of Federal
Regulations (or any successor regulation).''.
(2) Enforcement.--Section 30165(a)(1) of title 49, United
States Code, is amended by inserting ``30129,'' after
``30127,''.
(3) Clerical amendment.--The table of sections for
subchapter II of chapter 301 of title 49, United States Code,
is amended by inserting after the item relating to section
30128 the following:
``30129. Limousine compliance with Federal safety standards.''.
(d) Limousine Crashworthiness.--
(1) Research.--Not later than 4 years after the date of the
enactment of this Act, the Secretary shall complete research
into the development of motor vehicle safety standards for
side impact protection, roof crush resistance, and air bag
systems for the protection of occupants for limousines with
alternative seating positions, including perimeter seating
arrangements.
(2) Rulemaking or report.--
(A) Crashworthiness standards.--
(i) In general.--Not later than 2 years after the
completion of the research required under paragraph (1),
except as provided in clause (ii), the Secretary shall
prescribe a final motor vehicle safety standard, for the
protection of occupants in limousines with alternative
seating positions, for each of the following:
(I) Side impact protection.
(II) Roof crush resistance.
(III) Air bag systems.
(ii) Requirements and considerations.--The Secretary may
only prescribe a motor vehicle safety standard described in
clause (i) if the Secretary determines that such standard
meets the requirements and considerations set forth in
subsections (a) and (b) of section 30111 of title 49, United
States Code.
(B) Report.--If the Secretary determines that a standard
described in subparagraph (A)(i) does not meet the
requirements and considerations set forth in subsections (a)
and (b) of section 30111 of title 49, United States Code, the
Secretary shall publish in the Federal Register and submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing the reasons
for not prescribing such standard.
(e) Limousine Evacuation.--
(1) Research.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall complete research
into safety features and standards that aid evacuation in the
event that one exit in the passenger compartment of a
limousine is blocked.
(2) Standards.--Not later than 3 years after the date of
the enactment of this Act, the Secretary shall prescribe a
final motor vehicle safety standard based on the results of
the research under paragraph (1).
(f) Limousine Inspection Disclosure.--
(1) In general.--A limousine operator may not introduce a
limousine into interstate commerce unless the limousine
operator has prominently disclosed in a clear and conspicuous
notice, including on the website of the operator if the
operator has a website, the following:
(A) The date of the most recent inspection of the limousine
required under State or Federal law.
[[Page S2416]]
(B) The results of the inspection.
(C) Any corrective action taken by the limousine operator
to ensure the limousine passed inspection.
(2) Federal trade commission enforcement.--The Federal
Trade Commission shall enforce this subsection in the same
manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act (15 U.S.C. 41
et seq.) were incorporated into and made a part of this
subsection. Any person who violates this subsection shall be
subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
(3) Savings provision.--Nothing in this subsection shall be
construed to limit the authority of the Federal Trade
Commission under any other provision of law.
(4) Effective date.--This subsection shall take effect 180
days after the date of the enactment of this Act.
(g) Event Data Recorders for Limousines.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall prescribe a
final motor vehicle safety standard requiring the use of
event data recorders for limousines.
(2) Privacy protections.--Any standard prescribed under
paragraph (1) pertaining to event data recorder information
shall be consistent with the collection and sharing
requirements under the FAST Act (Public Law 114-94) and any
other applicable law.
(h) Definitions.--In this section, the following
definitions apply:
(1) Event data recorder.--The term ``event data recorder''
has the meaning given such term in section 563.5 of title 49,
Code of Federal Regulations (or any successor regulation).
(2) Limousine.--The term ``limousine'' has the meaning
given such term in section 30129 of title 49, United States
Code, as added by this section.
(3) Limousine operator.--The term ``limousine operator''
has the meaning given such term in section 30129 of title 49,
United States Code, as added by this section.
(4) Limousine remodeler.--The term ``limousine remodeler''
has the meaning given such term in section 30129 of title 49,
United States Code, as added by this section.
(5) Motor vehicle.--The term ``motor vehicle'' has the
meaning given such term in section 30102(a) of title 49,
United States Code.
(6) Motor vehicle safety standard.--The term ``motor
vehicle safety standard'' has the meaning given such term in
section 30102(a) of title 49, United States Code.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(8) State.--The term ``State'' has the meaning given such
term in section 30102(a) of title 49, United States Code.
______
By Mr. SCHUMER (for himself and Mrs. Gillibrand):
S. 1531. A bill to amend title 49, United States Code, to require the
Secretary of Transportation to award grants to States that have enacted
and are enforcing certain laws with respect to stretch limousines, and
for other purposes; to the Committee on Commerce, Science, and
Transportation.
Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1531
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Take Unsafe Limos Off the
Road Act''.
SEC. 2. GRANT PROGRAM FOR SAFETY OF STRETCH LIMOUSINES.
(a) In General.--Subchapter IV of chapter 311 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 31162. Grant program for safety of stretch limousines
``(a) Definitions.--In this section:
``(1) Eligible defect.--The term `eligible defect' means a
defect that would cause a motor vehicle to fail a commercial
motor vehicle safety inspection.
``(2) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given the term in section 32101.
``(3) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(4) Stretch limousine.--The term `stretch limousine'
means a new or used passenger motor vehicle that--
``(A) has been modified, altered, or extended in a manner
that increases the overall wheelbase of the vehicle--
``(i) beyond the wheelbase dimension of the original
equipment manufacturer for the base model and year of the
vehicle; and
``(ii) to a length sufficient to accommodate additional
passengers; and
``(B) after being altered as described in subparagraph (A),
has a seating capacity of not fewer than 9 passengers,
including the driver.
``(b) Grant Program.--Each fiscal year, the Secretary shall
make a grant, in accordance with this section, to each State
that is eligible for a grant under subsection (c).
``(c) Eligibility.--A State is eligible for a grant under
this section for a fiscal year if, on October 1 of that
fiscal year, the State--
``(1) has enacted a law that requires the impoundment or
immobilization of a stretch limousine that is found to have
an eligible defect on inspection; and
``(2) is enforcing the law described in paragraph (1), as
determined by the Secretary.
``(d) Grant Amounts.--
``(1) In general.--Beginning on October 1 of the first
fiscal year beginning after the date of enactment of this
section, the Secretary shall apportion the amounts
appropriated to carry out this section to each State that is
eligible to receive a grant under subsection (c) in an amount
that is equal to the quotient obtained by dividing--
``(A) the difference between--
``(i) $5,000,000; and
``(ii) the total amount provided to States under paragraph
(2); and
``(B) the number of States eligible for a grant under
subsection (c) for the fiscal year.
``(2) Increase of grant amounts.--Beginning on October 1 of
the first fiscal year beginning after the date of enactment
of this section, a State that is eligible for a grant under
subsection (c) may receive an additional $50,000 in grant
funds if, on October 1 of that fiscal year, the State has
enacted and is enforcing a law or regulation that requires--
``(A) any safety inspection of a stretch limousine to be
conducted at a designated site controlled by the State; and
``(B) the inspection described in subparagraph (A) to be
conducted by employees trained in the inspection of stretch
limousines.
``(e) Use of Funds.--A State receiving a grant under this
section may use grant amounts--
``(1) for the impoundment or immobilization of a stretch
limousine;
``(2) for the establishment and operating expenses of
designated stretch limousine safety inspection sites; or
``(3) to train employees in the inspection of stretch
limousines.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$5,000,000 for each of fiscal years 2021 through 2024.''.
(b) Clerical Amendment.--The analysis for subchapter IV of
chapter 311 of title 49 is amended by inserting after the
item relating to section 31161 the following:
``31162. Grant program for safety of stretch limousines.''.
______
By Mr. KAINE (for himself, Mr. Boozman, and Mr. Tillis):
S. 1532. A bill to provide a work opportunity tax credit for military
spouses and to provide for flexible spending arrangements for childcare
services for uniformed services families; to the Committee on Finance.
Mr. KAINE. Mr. President, today I am introducing the Jobs and
Childcare for Military Families Act, with my colleagues Senators
Boozman and Tillis. By incentivizing private businesses to hire
military spouses and allowing military families to use pre-tax dollars
to pay for childcare, we can alleviate some of the unique hardships
military families face and put them on firmer financial footing. This
effort has only become more critical as the nation recovers from the
coronavirus pandemic that has increased the number of unemployed and
emphasized some longstanding issues in securing childcare for young
families.
The families of America's servicemembers make sacrifices that are not
as recognized in the public eye. Military spouses face routine moves
every few years that require packing up a stable home in order to move
to a new area and start over. This is compounded by the complex system
of state licensing and certification requirements, which can limit
these spouses from taking jobs that utilize their expertise and
experience. Because of this, military spouses have unemployment rates
substantially higher than the national average, and are often
underemployed when they do have jobs. Adding to the financial struggle
that frequent periods of unemployment and underemployment cause, the
rising cost of childcare puts a substantial burden on many military
families.
The Jobs and Childcare for Military Families Act would help these
families in two ways. First, the bill makes military spouses an
eligible population for the Work Opportunity Tax Credit. This tax
credit has been proven effective in improving the employment prospects
for other groups, and extending it to military spouses would help them
find employment easier after moving a new area. Second, the bill
instructs the administration to implement dependent care flexible
spending accounts for all servicemembers. These accounts which are
widely available in the private sector would allow military families to
contribute pre-tax dollars to accounts
[[Page S2417]]
that they can then use to pay for childcare services, helping ease the
financial burden of childcare.
I hope my colleagues will support this bill to help families who have
made an incredible sacrifice for our nation.
______
By Mr. DURBIN (for himself, Mr. Blumenthal, Mr. Booker, Mr.
Leahy, Mr. Merkley, Mrs. Murray, and Mr. Menendez):
S. 1535. A bill to designate as wilderness certain Federal portions
of the red rock canyons of the Colorado Plateau and the Great Basin
Deserts in the State of Utah for the benefit of present and future
generations of people in the United States; to the Committee on Energy
and Natural Resources.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1535
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America's
Red Rock Wilderness Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Purposes.
TITLE I--DESIGNATION OF WILDERNESS AREAS
Sec. 101. Great Basin Wilderness Areas.
Sec. 102. Grand Staircase-Escalante Wilderness Areas.
Sec. 103. Moab-La Sal Canyons Wilderness Areas.
Sec. 104. Henry Mountains Wilderness Areas.
Sec. 105. Glen Canyon Wilderness Areas.
Sec. 106. San Juan-Anasazi Wilderness Areas.
Sec. 107. Canyonlands Basin Wilderness Areas.
Sec. 108. San Rafael Swell Wilderness Areas.
Sec. 109. Book Cliffs and Uinta Basin Wilderness Areas.
TITLE II--ADMINISTRATIVE PROVISIONS
Sec. 201. General provisions.
Sec. 202. Administration.
Sec. 203. State school trust land within wilderness areas.
Sec. 204. Water.
Sec. 205. Roads.
Sec. 206. Livestock.
Sec. 207. Fish and wildlife.
Sec. 208. Protection of Tribal rights.
Sec. 209. Management of newly acquired land.
Sec. 210. Withdrawal.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land
Management.
(2) State.--The term ``State'' means the State of Utah.
SEC. 3. FINDINGS.
Congress finds that--
(1) the land designated as wilderness by this Act is 1 of
the largest remaining expanses of unprotected, wild public
land in the continental United States;
(2) the designation of wilderness by this Act would--
(A) increase landscape connectivity in the Colorado
Plateau; and
(B) help to mitigate the impacts of climate change by--
(i) providing critical refugia;
(ii) reducing surface disturbances that exacerbate the
impacts of climate change;
(iii) reducing greenhouse gas emissions related to the
extraction and use of fossil fuels; and
(iv) contributing to the goal of protecting 30 percent of
global land and waters by 2030;
(3) the land designated as wilderness by this Act is--
(A) a living cultural landscape;
(B) a place of refuge for wild nature; and
(C) an important part of Indigenous and non-Indigenous
community values;
(4) Indian Tribes have been present on the land designated
as wilderness by this Act since time immemorial, using the
plant, animal, landform, and spiritual values for sustenance
and cultural, medicinal, and ceremonial activities, purposes
for which Indigenous people continue to use the land; and
(5) the designation of wilderness by this Act--
(A) is vital to the continuation and revitalization of
Indigenous cultures; and
(B) serves to protect places of Indigenous use and
sanctuary.
SEC. 4. PURPOSES.
The purposes of this Act are--
(1) to designate as wilderness certain Federal portions of
the red rock canyons of the Colorado Plateau and the Great
Basin Deserts in the State of Utah for the benefit of present
and future generations of people in the United States;
(2) to protect the cultural, ecological, and scenic values
of land designated as wilderness by this Act for the benefit,
use, and enjoyment of present and future generations of
people in the United States; and
(3) to protect the ability of Indigenous and non-Indigenous
people to use the land designated as wilderness by this Act
for traditional activities, including hunting, fishing,
hiking, horsepacking, camping, and spirituality as people
have used the land for generations.
TITLE I--DESIGNATION OF WILDERNESS AREAS
SEC. 101. GREAT BASIN WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the Great Basin region of western Utah is comprised of
starkly beautiful mountain ranges that rise as islands from
the desert floor;
(2) the Wah Wah Mountains in the Great Basin region are
arid and austere, with massive cliff faces and leathery
slopes speckled with pinon and juniper;
(3) the Pilot Range and Stansbury Mountains in the Great
Basin region are high enough to draw moisture from passing
clouds and support ecosystems found nowhere else on earth;
(4) from bristlecone pine, the world's oldest living
organism, to newly flowered mountain meadows, mountains of
the Great Basin region are islands of nature that--
(A) support remarkable biological diversity; and
(B) provide opportunities to experience the colossal
silence of the Great Basin; and
(5) the Great Basin region of western Utah should be
protected and managed to ensure the preservation of the
natural conditions of the region.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Antelope Range (approximately 17,000 acres).
(2) Barn Hills (approximately 21,000 acres).
(3) Black Hills (approximately 8,700 acres).
(4) Bullgrass Knoll (approximately 16,000 acres).
(5) Burbank Hills/Tunnel Spring (approximately 94,000
acres).
(6) Conger Mountain (approximately 31,000 acres).
(7) Crater and Silver Island Mountains (approximately
121,000 acres).
(8) Crater Bench (approximately 35,000 acres).
(9) Cricket Mountains (approximately 56,000 acres).
(10) Deep Creek Mountains (approximately 128,000 acres).
(11) Drum Mountains (approximately 40,500 acres).
(12) Dugway Mountains (approximately 24,500 acres).
(13) Fish Springs Range (approximately 64,500 acres).
(14) Granite Peak (approximately 19,500 acres).
(15) Grassy Mountains (approximately 24,000 acres).
(16) Grouse Creek Mountains (approximately 15,000 acres).
(17) House Range (approximately 202,000 acres).
(18) Keg Mountain (approximately 38,500 acres).
(19) Kern Mountains (approximately 15,000 acres).
(20) King Top (approximately 111,000 acres).
(21) Little Goose Creek (approximately 1,300 acres).
(22) Middle/Granite Mountain (approximately 81,000 acres).
(23) Mount Escalante (approximately 17,500 acres).
(24) Mountain Home Range (approximately 90,000 acres).
(25) Newfoundland Mountains (approximately 23,000 acres).
(26) Ochre Mountain (approximately 13,500 acres).
(27) Oquirrh Mountains (approximately 8,900 acres).
(28) Painted Rock (approximately 26,500 acres).
(29) Paradise/Steamboat Mountains (approximately 136,000
acres).
(30) Pilot Range (approximately 44,000 acres).
(31) Red Tops (approximately 28,000 acres).
(32) Rockwell-Little Sahara (approximately 19,000 acres).
(33) San Francisco Mountains (approximately 40,000 acres).
(34) Sand Ridge (approximately 73,000 acres).
(35) Sevier Plateau (approximately 30,000 acres).
(36) Simpson Mountains (approximately 43,000 acres).
(37) Snake Valley (approximately 103,000 acres).
(38) Spring Creek Canyon (approximately 5,200 acres).
(39) Stansbury Island (approximately 9,900 acres).
(40) Stansbury Mountains (approximately 25,000 acres).
(41) Thomas Range (approximately 41,000 acres).
(42) Tule Valley (approximately 159,000 acres).
(43) Wah Wah Mountains (approximately 177,000 acres).
(44) White Rock Range (approximately 5,500 acres).
SEC. 102. GRAND STAIRCASE-ESCALANTE WILDERNESS AREAS.
(a) Grand Staircase Area.--
(1) Findings.--Congress finds that--
(A) the area known as the Grand Staircase rises more than
6,000 feet in a series of great
[[Page S2418]]
cliffs and plateaus from the depths of the Grand Canyon to
the forested rim of Bryce Canyon;
(B) the Grand Staircase--
(i) spans 6 major life zones, from the lower Sonoran Desert
to the alpine forest; and
(ii) encompasses geologic formations that display
3,000,000,000 years of Earth's history;
(C) land managed by the Secretary lines the intricate
canyon system of the Paria River and forms a vital natural
corridor connection to the deserts and forests of those
national parks;
(D) land described in paragraph (2) (other than East of
Bryce, the majority of Upper Kanab Creek, Moquith Mountain,
Bunting Point, Canaan Mountain, Orderville Canyon, Parunuweap
Canyon, and Vermillion Cliffs) is located within the Grand
Staircase-Escalante National Monument, as established in
1996; and
(E) the Grand Staircase in Utah should be protected and
managed as a wilderness area.
(2) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Bryce Boot (approximately 2,800 acres).
(B) Bryce View (approximately 850 acres).
(C) Bunting Point (approximately 11,000 acres).
(D) Canaan Mountain (approximately 15,000 acres).
(E) East of Bryce (approximately 850 acres).
(F) Glass Eye Canyon (approximately 25,000 acres).
(G) Ladder Canyon (approximately 14,000 acres).
(H) Moquith Mountain (approximately 15,500 acres).
(I) Nephi Point (approximately 15,000 acres).
(J) Orderville Canyon (approximately 8,100 acres).
(K) Paria-Hackberry (approximately 196,000 acres).
(L) Paria Wilderness Expansion (approximately 4,000 acres).
(M) Parunuweap Canyon (approximately 44,500 acres).
(N) Pine Hollow (approximately 11,000 acres).
(O) Slopes of Bryce (approximately 3,700 acres).
(P) Timber Mountain (approximately 52,500 acres).
(Q) Upper Kanab Creek (approximately 51,000 acres).
(R) Vermillion Cliffs (approximately 26,000 acres).
(S) Willis Creek (approximately 21,000 acres).
(b) Kaiparowits Plateau.--
(1) Findings.--Congress finds that--
(A) the Kaiparowits Plateau east of the Paria River is one
of the most rugged and isolated wilderness regions in the
United States;
(B) the Kaiparowits Plateau, a windswept land of harsh
beauty, contains distant vistas and a remarkable variety of
plant and animal species;
(C) ancient forests, an abundance of big game animals, and
22 species of raptors thrive undisturbed on the grassland
mesa tops of the Kaiparowits Plateau;
(D) each of the areas described in paragraph (2) (other
than Heaps Canyon, Little Valley, and Wide Hollow) is located
within the Grand Staircase-Escalante National Monument, as
established in 1996; and
(E) the Kaiparowits Plateau should be protected and managed
as a wilderness area.
(2) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Andalex Not (approximately 18,000 acres).
(B) Box Canyon (approximately 3,000 acres).
(C) Burning Hills (approximately 81,000 acres).
(D) Canaan Peak Slopes (approximately 2,500 acres).
(E) Carcass Canyon (approximately 85,000 acres).
(F) Fiftymile Bench (approximately 13,000 acres).
(G) Fiftymile Mountain (approximately 207,000 acres).
(H) Heaps Canyon (approximately 4,000 acres).
(I) Horse Spring Canyon (approximately 32,000 acres).
(J) Kodachrome Headlands (approximately 8,500 acres).
(K) Little Valley Canyon (approximately 4,000 acres).
(L) Mud Spring Canyon (approximately 66,000 acres).
(M) Nipple Bench (approximately 32,000 acres).
(N) Paradise Canyon-Wahweap (approximately 266,000 acres).
(O) Rock Cove (approximately 17,000 acres).
(P) The Blues (approximately 22,000 acres).
(Q) The Cockscomb (approximately 12,000 acres).
(R) Warm Creek (approximately 24,000 acres).
(S) Wide Hollow (approximately 7,700 acres).
(c) Escalante Canyons.--
(1) Findings.--Congress finds that--
(A) glens and coves carved in massive sandstone cliffs,
spring-watered hanging gardens, and the silence of ancient
Anasazi ruins are examples of the unique features that entice
hikers, campers, and sightseers from around the world to
Escalante Canyon;
(B) Escalante Canyon links the spruce fir forests of the
11,000-foot Aquarius Plateau with winding slickrock canyons
that flow into Glen Canyon;
(C) Escalante Canyon, one of Utah's most popular natural
areas, contains critical habitat for deer, elk, and wild
bighorn sheep that also enhances the scenic integrity of the
area;
(D) each of the areas described in paragraph (2) is located
within the Grand Staircase-Escalante National Monument, as
established in 1996; and
(E) Escalante Canyon should be protected and managed as a
wilderness area.
(2) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(A) Colt Mesa (approximately 28,000 acres).
(B) Death Hollow (approximately 50,000 acres).
(C) Forty Mile Gulch (approximately 7,600 acres).
(D) Lampstand (approximately 11,500 acres).
(E) Muley Twist Flank (approximately 3,700 acres).
(F) North Escalante Canyons (approximately 182,000 acres).
(G) Pioneer Mesa (approximately 11,000 acres).
(H) Scorpion (approximately 61,000 acres).
(I) Sooner Bench (approximately 500 acres).
(J) Steep Creek (approximately 36,000 acres).
(K) Studhorse Peaks (approximately 24,000 acres).
SEC. 103. MOAB-LA SAL CANYONS WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the canyons surrounding the La Sal Mountains and the
town of Moab offer a variety of extraordinary landscapes;
(2) outstanding examples of natural formations and
landscapes in the Moab-La Sal area include the huge sandstone
fins of Behind the Rocks, the mysterious Fisher Towers, and
the whitewater rapids of Westwater Canyon; and
(3) the Moab-La Sal area should be protected and managed as
a wilderness area.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Arches Adjacent (approximately 4,100 acres).
(2) Beaver Creek (approximately 45,000 acres).
(3) Behind the Rocks (approximately 19,500 acres).
(4) Big Triangle (approximately 21,500 acres).
(5) Coyote Wash (approximately 27,000 acres).
(6) Dome Plateau (approximately 36,500 acres).
(7) Fisher Towers (approximately 18,000 acres).
(8) Goldbar Canyon (approximately 9,500 acres).
(9) Granite Creek (approximately 5,000 acres).
(10) Hunter Canyon (approximately 5,500 acres).
(11) Mary Jane Canyon (approximately 27,500 acres).
(12) Mill Creek (approximately 17,000 acres).
(13) Morning Glory (approximately 11,000 acres).
(14) Porcupine Rim (approximately 10,000 acres).
(15) Renegade Point (approximately 6,200 acres).
(16) Westwater Canyon (approximately 39,000 acres).
(17) Yellow Bird (approximately 4,600 acres).
SEC. 104. HENRY MOUNTAINS WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the Henry Mountain Range, the last mountain range to be
discovered and named by early explorers in the contiguous
United States, still retains a wild and undiscovered quality;
(2) fluted badlands that surround the flanks of 11,000-foot
Mounts Ellen and Pennell contain areas of critical habitat
for mule deer and for the largest herd of free-roaming
buffalo in the United States;
(3) despite their relative accessibility, the Henry
Mountain Range remains one of the wildest, least-known ranges
in the United States; and
(4) the Henry Mountain range should be protected and
managed to ensure the preservation of the range as a
wilderness area.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Bull Mountain (approximately 16,000 acres).
(2) Bullfrog Creek (approximately 42,000 acres).
(3) Dogwater Creek (approximately 3,400 acres).
(4) Fremont Gorge (approximately 22,000 acres).
(5) Long Canyon (approximately 16,500 acres).
(6) Mount Ellen-Blue Hills (approximately 145,000 acres).
[[Page S2419]]
(7) Mount Hillers (approximately 20,000 acres).
(8) Mount Pennell (approximately 155,000 acres).
(9) Notom Bench (approximately 7,300 acres).
(10) Oak Creek (approximately 1,500 acres).
(11) Ragged Mountain (approximately 29,000 acres).
SEC. 105. GLEN CANYON WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the side canyons of Glen Canyon, including the Dirty
Devil River and the Red, White and Blue Canyons, contain some
of the most remote and outstanding landscapes in southern
Utah;
(2) the Dirty Devil River, once the fortress hideout of
outlaw Butch Cassidy's Wild Bunch, has sculpted a maze of
slickrock canyons through an imposing landscape of monoliths
and inaccessible mesas;
(3) the Red and Blue Canyons contain colorful Chinle/
Moenkopi badlands found nowhere else in the region; and
(4) the canyons of Glen Canyon in the State should be
protected and managed as wilderness areas.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Cane Spring Desert (approximately 18,000 acres).
(2) Dark Canyon (approximately 138,000 acres).
(3) Dirty Devil (approximately 245,000 acres).
(4) Fiddler Butte (approximately 93,000 acres).
(5) Flat Tops (approximately 30,000 acres).
(6) Little Rockies (approximately 64,000 acres).
(7) Red Rock Plateau (approximately 210,000 acres).
(8) The Needle (approximately 11,000 acres).
(9) White Canyon (approximately 115,500 acres).
SEC. 106. SAN JUAN-ANASAZI WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) more than 1,000 years ago, the Anasazi Indian culture
flourished in the slickrock canyons and on the pinon-covered
mesas of southeastern Utah;
(2) evidence of the ancient presence of the Anasazi
pervades the Cedar Mesa area of the San Juan-Anasazi area
where cliff dwellings, rock art, and ceremonial kivas
embellish sandstone overhangs and isolated benchlands;
(3) the Cedar Mesa area is in need of protection from the
vandalism and theft of its unique cultural resources;
(4) the Cedar Mesa wilderness areas should be created to
protect both the archaeological heritage and the
extraordinary wilderness, scenic, and ecological values of
the United States; and
(5) the San Juan-Anasazi area should be protected and
managed as a wilderness area to ensure the preservation of
the unique and valuable resources of that area.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Allen Canyon (approximately 6,400 acres).
(2) Arch Canyon (approximately 30,500 acres).
(3) Comb Ridge (approximately 16,000 acres).
(4) Cross Canyon (approximately 2,400 acres).
(5) East Montezuma (approximately 46,500 acres).
(6) Fish and Owl Creek Canyon (approximately 74,000 acres).
(7) Grand Gulch (approximately 161,000 acres).
(8) Hammond Canyon (approximately 4,700 acres).
(9) Monument Canyon (approximately 18,000 acres).
(10) Nokai Dome (approximately 94,000 acres).
(11) Road Canyon (approximately 64,000 acres).
(12) San Juan River (approximately 15,000 acres).
(13) The Tabernacle (approximately 7,400 acres).
(14) Tin Cup Mesa (approximately 26,000 acres).
(15) Valley of the Gods (approximately 20,000 acres).
SEC. 107. CANYONLANDS BASIN WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) Canyonlands National Park safeguards only a small
portion of the extraordinary red-hued, cliff-walled
canyonland region of the Colorado Plateau;
(2) areas near Canyonlands National Park contain canyons
with rushing perennial streams, natural arches, bridges, and
towers;
(3) the gorges of the Green and Colorado Rivers lie on
adjacent land managed by the Secretary;
(4) popular overlooks in Canyonlands National Park and Dead
Horse Point State Park have views directly into adjacent
areas, including Lockhart Basin and Indian Creek; and
(5) designation of those areas as wilderness would ensure
the protection of this erosional masterpiece of nature and of
the rich pockets of wildlife found within its expanded
boundaries.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Bridger Jack Mesa (approximately 33,500 acres).
(2) Butler Wash (approximately 27,000 acres).
(3) Dead Horse Cliffs (approximately 5,300 acres).
(4) Demon's Playground (approximately 3,600 acres).
(5) Duma Point (approximately 14,500 acres).
(6) Gooseneck (approximately 9,400 acres).
(7) Hatch Point Canyons/Lockhart Basin (approximately
150,500 acres).
(8) Horseshoe Canyon (approximately 83,500 acres).
(9) Horsethief Point (approximately 15,500 acres).
(10) Indian Creek (approximately 28,500 acres).
(11) Labyrinth Canyon (approximately 83,000 acres).
(12) San Rafael River (approximately 117,000 acres).
(13) Shay Mountain (approximately 15,500 acres).
(14) Sweetwater Reef (approximately 69,500 acres).
SEC. 108. SAN RAFAEL SWELL WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the San Rafael Swell towers above the desert like a
castle, ringed by 1,000-foot ramparts of Navajo Sandstone;
(2) the highlands of the San Rafael Swell have been
fractured by uplift and rendered hollow by erosion over
countless millennia, leaving a tremendous basin punctuated by
mesas, buttes, and canyons and traversed by sediment-laden
desert streams;
(3) among other places, the San Rafael wilderness offers
exceptional back country opportunities in the colorful Wild
Horse Badlands, the monoliths of North Caineville Mesa, the
rock towers of Cliff Wash, and colorful cliffs of Humbug
Canyon;
(4) the mountains within these areas are among Utah's most
valuable habitat for desert bighorn sheep; and
(5) the San Rafael Swell area should be protected and
managed to ensure its preservation as a wilderness area.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Cedar Mountain (approximately 15,000 acres).
(2) Devils Canyon (approximately 14,000 acres).
(3) Eagle Canyon (approximately 38,500 acres).
(4) Factory Butte (approximately 22,000 acres).
(5) Hondu Country (approximately 2,600 acres).
(6) Jones Bench (approximately 3,400 acres).
(7) Limestone Cliffs (approximately 25,500 acres).
(8) Lost Spring Wash (approximately 36,500 acres).
(9) Mexican Mountain (approximately 25,000 acres).
(10) Molen Reef (approximately 32,500 acres).
(11) Muddy Creek (approximately 92,000 acres).
(12) Mussentuchit Badlands (approximately 24,500 acres).
(13) Price River-Humbug (approximately 122,000 acres).
(14) Red Desert (approximately 36,500 acres).
(15) Rock Canyon (approximately 17,500 acres).
(16) San Rafael Knob (approximately 15,000 acres).
(17) San Rafael Reef (approximately 53,000 acres).
(18) Sids Mountain (approximately 36,500 acres).
(19) Upper Muddy Creek (approximately 18,500 acres).
(20) Wild Horse Mesa (approximately 63,000 acres).
SEC. 109. BOOK CLIFFS AND UINTA BASIN WILDERNESS AREAS.
(a) Findings.--Congress finds that--
(1) the Book Cliffs and Uinta Basin wilderness areas
offer--
(A) unique big game hunting opportunities in verdant high-
plateau forests;
(B) the opportunity for float trips of several days
duration down the Green River in Desolation Canyon; and
(C) the opportunity for calm water canoe weekends on the
White River;
(2) the long rampart of the Book Cliffs bounds the area on
the south, while seldom-visited uplands, dissected by the
rivers and streams, slope away to the north into the Uinta
Basin;
(3) bears, Bighorn sheep, cougars, elk, and mule deer
flourish in the back country of the Book Cliffs; and
(4) the Book Cliffs and Uinta Basin areas should be
protected and managed to ensure the protection of the areas
as wilderness.
(b) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Bad Land Cliffs (approximately 13,000 acres).
[[Page S2420]]
(2) Bourdette Draw (approximately 15,500 acres).
(3) Bull Canyon (approximately 3,100 acres).
(4) Dead Horse Pass (approximately 8,400 acres).
(5) Desbrough Canyon (approximately 14,000 acres).
(6) Desolation Canyon (approximately 32,000 acres).
(7) Diamond Breaks (approximately 8,600 acres).
(8) Diamond Canyon (approximately 168,000 acres).
(9) Diamond Mountain (approximately 31,000 acres).
(10) Dinosaur Adjacent (approximately 7,900 acres).
(11) Goslin Mountain (approximately 3,800 acres).
(12) Hideout Canyon (approximately 12,500 acres).
(13) Lower Flaming Gorge (approximately 21,000 acres).
(14) Mexico Point (approximately 1,500 acres).
(15) Moonshine Draw (approximately 10,500 acres).
(16) Mountain Home (approximately 7,800 acres).
(17) O-Wi-Yu-Kuts (approximately 14,000 acres).
(18) Red Creek Badlands (approximately 4,600 acres).
(19) Survey Point (approximately 8,600 acres).
(20) Turtle Canyon (approximately 9,700 acres).
TITLE II--ADMINISTRATIVE PROVISIONS
SEC. 201. GENERAL PROVISIONS.
(a) Names of Wilderness Areas.--Each wilderness area named
in title I shall--
(1) consist of the quantity of land referenced with respect
to that named area, as generally depicted on the map entitled
``Utah BLM Wilderness Proposed by H.R. 1630, 113th
Congress''; and
(2) be known by the name given to it in title I.
(b) Map and Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of each wilderness area designated by this
Act with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--A map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map and legal
description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available
for public inspection in the Office of the Director of the
Bureau of Land Management.
SEC. 202. ADMINISTRATION.
Subject to valid rights in existence on the date of
enactment of this Act, each wilderness area designated under
this Act shall be administered by the Secretary in accordance
with--
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(2) the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 203. STATE SCHOOL TRUST LAND WITHIN WILDERNESS AREAS.
(a) In General.--Subject to subsection (b), if State-owned
land is included in an area designated by this Act as a
wilderness area, the Secretary shall offer to exchange land
owned by the United States in the State of approximately
equal value in accordance with section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c))
and section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)).
(b) Mineral Interests.--The Secretary shall not transfer
any mineral interests under subsection (a) unless the State
transfers to the Secretary any mineral interests in land
designated by this Act as a wilderness area.
SEC. 204. WATER.
(a) Reservation.--
(1) Water for wilderness areas.--
(A) In general.--With respect to each wilderness area
designated by this Act, Congress reserves a quantity of water
determined by the Secretary to be sufficient for the
wilderness area.
(B) Priority date.--The priority date of a right reserved
under subparagraph (A) shall be the date of enactment of this
Act.
(2) Protection of rights.--The Secretary and other officers
and employees of the United States shall take any steps
necessary to protect the rights reserved by paragraph (1)(A),
including the filing of a claim for the quantification of the
rights in any present or future appropriate stream
adjudication in the courts of the State--
(A) in which the United States is or may be joined; and
(B) that is conducted in accordance with section 208 of the
Department of Justice Appropriation Act, 1953 (66 Stat. 560,
chapter 651).
(b) Prior Rights Not Affected.--Nothing in this Act
relinquishes or reduces any water rights reserved or
appropriated by the United States in the State on or before
the date of enactment of this Act.
(c) Administration.--
(1) Specification of rights.--The Federal water rights
reserved by this Act are specific to the wilderness areas
designated by this Act.
(2) No precedent established.--Nothing in this Act related
to reserved Federal water rights--
(A) shall establish a precedent with regard to any future
designation of water rights; or
(B) shall affect the interpretation of any other Act or any
designation made under any other Act.
SEC. 205. ROADS.
(a) Setbacks.--
(1) Measurement in general.--A setback under this section
shall be measured from the center line of the road.
(2) Wilderness on 1 side of roads.--Except as provided in
subsection (b), a setback for a road with wilderness on only
1 side shall be set at--
(A) 300 feet from a paved Federal or State highway;
(B) 100 feet from any other paved road or high standard
dirt or gravel road; and
(C) 30 feet from any other road.
(3) Wilderness on both sides of roads.--Except as provided
in subsection (b), a setback for a road with wilderness on
both sides (including cherry-stems or roads separating 2
wilderness units) shall be set at--
(A) 200 feet from a paved Federal or State highway;
(B) 40 feet from any other paved road or high standard dirt
or gravel road; and
(C) 10 feet from any other roads.
(b) Setback Exceptions.--
(1) Well-defined topographical barriers.--If, between the
road and the boundary of a setback area described in
paragraph (2) or (3) of subsection (a), there is a well-
defined cliff edge, stream bank, or other topographical
barrier, the Secretary shall use the barrier as the
wilderness boundary.
(2) Fences.--If, between the road and the boundary of a
setback area specified in paragraph (2) or (3) of subsection
(a), there is a fence running parallel to a road, the
Secretary shall use the fence as the wilderness boundary if,
in the opinion of the Secretary, doing so would result in a
more manageable boundary.
(3) Deviations from setback areas.--
(A) Exclusion of disturbances from wilderness boundaries.--
In cases where there is an existing livestock development,
dispersed camping area, borrow pit, or similar disturbance
within 100 feet of a road that forms part of a wilderness
boundary, the Secretary may delineate the boundary so as to
exclude the disturbance from the wilderness area.
(B) Limitation on exclusion of disturbances.--The Secretary
shall make a boundary adjustment under subparagraph (A) only
if the Secretary determines that doing so is consistent with
wilderness management goals.
(C) Deviations restricted to minimum necessary.--Any
deviation under this paragraph from the setbacks required
under in paragraph (2) or (3) of subsection (a) shall be the
minimum necessary to exclude the disturbance.
(c) Delineation Within Setback Area.--The Secretary may
delineate a wilderness boundary at a location within a
setback under paragraph (2) or (3) of subsection (a) if, as
determined by the Secretary, the delineation would enhance
wilderness management goals.
SEC. 206. LIVESTOCK.
Within the wilderness areas designated under title I, the
grazing of livestock authorized on the date of enactment of
this Act shall be permitted to continue subject to such
reasonable regulations and procedures as the Secretary
considers necessary, as long as the regulations and
procedures are consistent with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) section 101(f) of the Arizona Desert Wilderness Act of
1990 (Public Law 101-628; 104 Stat. 4469).
SEC. 207. FISH AND WILDLIFE.
Nothing in this Act affects the jurisdiction of the State
with respect to wildlife and fish on the public land located
in the State.
SEC. 208. PROTECTION OF TRIBAL RIGHTS.
Nothing in this Act affects or modifies--
(1) any right of any federally recognized Indian Tribe; or
(2) any obligation of the United States to any federally
recognized Indian Tribe.
SEC. 209. MANAGEMENT OF NEWLY ACQUIRED LAND.
Any land within the boundaries of a wilderness area
designated under this Act that is acquired by the Federal
Government shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this Act and other laws
applicable to wilderness areas.
SEC. 210. WITHDRAWAL.
Subject to valid rights existing on the date of enactment
of this Act, the Federal land referred to in title I is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under public law;
(2) location, entry, and patent under mining law; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
______
By Ms. COLLINS (for herself and Mr. Peters):
S. 1536. A bill to amend title XVIII of the Social Security Act to
expand the
[[Page S2421]]
availability of medical nutrition therapy services under the Medicare
program; to the Committee on Finance.
Ms. COLLINS. Mr. President, I rise today to introduce the Medical
Nutrition Therapy Act of 2021, along with my colleague from Michigan,
Senator Peters. Our bill would expand Medicare beneficiaries' access to
Medical Nutrition Therapy, or MNT, which is a cost-effective component
of treatment for obesity, diabetes, hypertension, dyslipidemia, and
other chronic conditions. At a time when we have seen many diet-related
chronic conditions contribute to poor COVID-19 outcomes, increasing
access to MNT should be part of the strategy to improve disease
management and prevention for America's seniors. The Medical Nutrition
Therapy Act would make two important changes to support patients,
improve health outcomes, and reduce unnecessary health care costs.
First, it would expand Medicare Part B coverage of outpatient medical
nutrition therapy services to a number of currently uncovered diseases
or conditions--including prediabetes, obesity, high blood pressure,
high cholesterol, malnutrition, eating disorders, cancer, HIV/AIDS,
gastrointestinal diseases including celiac disease, and cardiovascular
disease. Currently, Medicare Part B only covers outpatient MNT for
diabetes, renal disease, and post-kidney transplant.
Second, the bill would allow more types of providers--including nurse
practitioners, physician assistants, clinical nurse specialists, and
psychologists--to refer patients to MNT. This is especially critical
for a rural state like Maine where a NP or PA may be one's trusted
primary care provider.
MNT counseling is provided by Registered Dietitian Nutritionists
(RDNs) as part of a collaborative health care team. It is evidenced-
based and proven to positively affect weight, blood pressure, blood
lipids, and blood sugar control. Nutritional counseling by RDNs is
recommended by the National Lipid Association to promote long-term
adherence to an individualized, heart-healthy diet. Through MNT,
individuals benefit from in-depth, individualized nutrition
assessments. Follow-up visits help reinforce important behavior and
lifestyle changes and increase compliance.
Seniors deserve improved access to this cost-effective medical
treatment, but many older adults are missing out under the current
Medicare policy. Marcy Kyle, a RDN from Rockport, Maine, has seen many
patients denied access to medically necessary MNT. One of her patients
with prediabetes was referred by his primary care physician for MNT at
age 64. At that time, his private insurance covered the service, and he
booked the first available appointment the following week. That same
week, this patient turned 65 and transitioned onto Medicare. You can
imagine his surprise upon arriving for his appointment and learning
that MNT would not be covered. Fortunately for that patient, the
outpatient facility changed its process to prevent similar situations,
but this example demonstrates how the current restrictions can be
detrimental for older adults at a critical juncture in their journey to
better health.
Another unfortunate example from Maine was a patient with a new
Celiac Disease diagnosis complicated by severe weight loss. His private
insurance covered MNT as Celiac Disease is a controllable disease with
proper nutrition. But when transitioning from private insurance to
Medicare, this patient, too, lost his access to MNT. This truly is a
lost opportunity since we know early treatment with MNT can prevent
future and more serious health complications and chronic conditions in
older adults. Conditions such as prediabetes and Celiac Disease should
be covered.
The health and financial crisis brought on by the COVID-19 pandemic
makes access to MNT even more important. Seniors with diet-related
conditions have suffered more than any other population in terms of
experiencing the worst health outcomes, including death. According to
Centers for Medicare & Medicaid Services (CMS) data, among those
hospitalized with COVID-19, 84 percent of patients had hypertension, 68
percent had hyperlipidemia, 51 percent had diabetes, and 35 percent of
patients were obese. Tragically, many of these patients were never able
to leave the hospital because they passed away. In addition to the
human cost, there is a financial one: the impact on the Medicare
program.
This should not come as a surprise since the health and economic
impact of chronic diseases is staggering. According to the U.S. Centers
for Disease Control and Prevention, 90 percent of the $3.5 trillion
that the United States spends annually on health care goes to the
treatment of people with chronic diseases and mental health conditions.
Preventing chronic diseases, or managing symptoms when prevention is
not possible, is one way to reduce these costs. This is particularly
important for the Medicare program as more than two-thirds of seniors
on Medicare live with multiple chronic conditions. As one Registered
Dietitian Nutritionist in Maine told me, ``we all know a dollar spent
on prevention saves many health care dollars in the long run and is the
right thing to do for our seniors at a time when they have limited
budgets.''
The Medical Nutrition Therapy Act of 2021 is supported by nearly 50
national organizations, including the Academy of Nutrition and
Dietetics, the American Diabetes Association, the Endocrine Society,
the American Cancer Society Cancer Action Network, and
UsAgainstAlzheimer's.
I urge my colleagues to support this important legislation to improve
access to cost-effective medical treatment for Medicare patients with
chronic diseases.
Thank you, Mr. President.
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